Case Law Flashcards
Murray Wright Ltd
(Organisation as an offender)
Because the killing (murder) must be done by a human being, an organisation cannot be convicted as a principal party
R v Myatt
(Unlawful act)
The breach of any Act, regulation or bylaw must be an act likely to do harm to the deceased
R v Tomars
(Threats, fear of violence or deception)
(1) Was the deceased threatened by, in fear of or deceived by the defendant? (ACT)
(2) Did such threats/fear/deception cause the deceased to do the act that caused their death? (CAUSE OF ACT)
(3) Was the act a natural consequence of the actions of the defendant? (could reasonable/responsible person in defendant’s position could reasonably have foreseen the consequences?) (NATURAL CONSEQUENCE)
(4) Did these foreseeable actions of the deceased contribute to his death? (FORESEEABLE ACTIONS CAUSE DEATH)
R v Horry
(Where body is not located)
Death should be provable by such circumstances as render it morally certain and leave no ground for reasonable doubt
R v Cameron
(Recklessness)
Recklessness is established if:
(a) The defendant recognised there was a real possibility that, (i) his/her actions would bring about the proscribed results or (ii) that the proscribed circumstances exist, and
(b) Having regard to that risk those actions were unreasonable
R v Piri
(Recklessness - s167(b) or (d))
The degree of risk of death foreseen by the accused under 167(b) or (d) must be more than negligible or remote, and the accused must recognise a “real or substantial risk” that death would be caused
R v Desmond
(Killing in pursuit of an unlawful object)
Not only must the object be unlawful, but it must be shown that the accused knew that his act was likely to cause death
R v Murphy
(Attempted murder)
It must be shown that the accused’s intention was to commit the substantive offence
R v Harpur
(Attempts - acts viewed cumulatively)
The defendant’s conduct may be considered in it’s entirety. How much remains to be done is relevant, though not determinative
R v Mane
(Accessory after the fact)
In order to be an accessory, the offence must be complete at the time of the criminal involvement
R v Blaue
(Causing death - preventable death)
Those who use violence must take their victims as they find them
R v Forrest and Forrest
(Proof of childs age)
The best evidence possible should be adduced by the prosecution in proof of the victims age
R v Cottle
(Insanity - satisfies a jury)
It is sufficient if the jury are convinced on the balance of probabilities, without necessarily excluding all reasonable doubt
R v Clark
(Insanity - medical evidence)
Where unchallenged medical evidence is supported by surrounding facts, a jury’s verdict must be founded on that evidence which shows that the accused did not know that his act was morally wrong
R v Codere
(Insanity - nature & quality of the act)
The nature and quality of the act means the physical character of the act, and does not involve consideration of the accused’s moral perception of the act
